Temporary Injunction Form For Protection Against Domestic Violence In Queens
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FAQ
A restraining order is the same thing in New York State as an order of protection. In New York State an order of protection can be obtained through three different means, either through criminal court, family court, or supreme court.
Types of proof that can aid in your filing a protective order include: Threatening, violent, or harassing, texts, emails, or voicemails. Previous calls to 911 or domestic violence hotlines.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
Family Court You start the case by filing a Family Offense Petition. If you need to file for an order of protection outside of family court business hours, local town and city courts can issue temporary orders for family court. You will still need to go to family court after when it is open.
New York Restraining Orders Disorderly conduct. Harassment (1st degree, 2nd degree) Aggravated harassment (2nd degree) Stalking (1st degree, 2nd degree, 3rd degree, 4th degree) Menacing (2nd degree, 3rd degree) Reckless endangerment (1st degree, 2nd degree) Assault (2nd degree, 3rd degree) Attempted assault.
Family Court Order of Protection The burden of proof required is lower, relying on the “preponderance of the evidence” standard. Your presence and active participation in court are necessary. While records are kept private, the courtrooms themselves are open to the public.
